WELCOME TO AMMES CONNECT. We (the American Myalgic Encephalomyelitis and Chronic Fatigue Syndrome Society, AMMES, Inc.) hope you find this service useful. By accessing or otherwise interacting with our servers, services, website, or any associated content/postings (together, “AC”), you agree to these Terms of Use (“TOU”) (last updated Feb. 6th, 2019). If you are accessing or using AC on behalf of a business, that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use AC. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use AC. Our privacy policy (ammes.org/privacy-policy), and all other policies, site rules, and agreements referenced below or on AC, are fully incorporated into this TOU, and you agree to them as well.
LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use AC and be bound by the TOU, or (2) use AC on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use AC in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from AC, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USE. While using AMMES Connect, you agree not to restrict or inhibit any other user from using and enjoying the services. You further agree not to post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information or materials, or any information or materials that could constitute or encourage criminal conduct, give rise to civil liability, or otherwise violate any law. You may not post or transmit (1) any advertising, promotion, or solicitation of goods or services for commercial purposes (including, without limitation, the solicitation of users of the Site to become users of competitors online services); (2) post or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component; (3) post or transmit any materials in violation of another party’s copyright or other intellectual property rights (you acknowledge that the burden of determining whether a third-party copyright exists rests solely with you); (4) use AC for any commercial or unlawful purposes; or (5) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the service.
You agree not to collect AC user information or interfere with AC. You agree we may moderate AC access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
AMMES has no obligation to monitor AC services. However, you acknowledge and agree that AMMES has the right to monitor all posted advertising for AC and to disclose to any third party any information in order to operate the Site properly, to protect itself and its customers, and to comply with legal obligations or governmental requests. AMMES reserves the right to refuse or remove any information or materials that are wholly or partially unacceptable, offensive, or violative of this Agreement. AMMES also reserves the right to immediately terminate any individual’s use of the AC and/or such user’s password(s) or account(s) in the event of any conduct that AMMES, at its sole discretion, considers to be unacceptable or in breach of this Agreement. Such termination may occur without notice to the user. You agree to indemnify, defend, and hold harmless AMMES from and against any and all claims, damages, costs, or other expenses that arise directly or indirectly from (1) your breach of this Agreement, (2) your violation of these Terms and Conditions, and/or (3) your activities in connection with the Site or Site-related services.
DISCLAIMER & LIABILITY. To the full extent permitted by law, AMMES, Inc., and its officers, directors, employees, affiliates, and successors in interest (“AMMES Entities”) (1) make no promises, warranties, or representations as to AC, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide AC on an “AS IS” and “AS AVAILABLE” basis and any risk of using AC is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with AC. AMMES Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to AC.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to AC (“Claims”) will be governed by the internal laws of Massachusetts, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Greenfield, MA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Greenfield, MA; (2) indemnify and hold AMMES Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of AC; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
MISC. Users complying with prior written licenses may access AC thereby until authorization is terminated. Otherwise this is the exclusive and entire agreement between us and you, and our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations. If you have questions about this TOU, you may email legal@ammes.org.